The opinion of the court was delivered by: Bua, District Judge.
The matter before the Court is a suit brought by plaintiffs,
the H. family, against individual members of the Illinois
Department of Children and Family Services, and others. The H.
family claims that defendants violated their constitutional
rights during an investigation of a report of alleged child
abuse in their home. Jurisdiction is vested in this Court
under 28 U.S.C. § 1331 and 1343. Certain defendants move for
summary judgment and plaintiffs move for partial summary
judgment on the issue of liability, but request a trial on the
issue of damages.*fn1 Plaintiffs also request that this Court
require defendants to divulge the name of the mandated reporter
who initiated the H. family investigation. For the reasons
stated below, the Court denies both of plaintiffs' motions and
grants defendants' motion for summary judgment.
The plaintiffs in this case, the H. family, comprise a
family unit of a stepfather, mother and two children, ages six
and seven. On October 26, 1982, Paula Davis, a caseworker for
the Illinois Department of Children and Family Services
("DCFS"), went to the H. family's home to investigate a
complaint of suspected child abuse*fn2 received by DCFS from
a mandated reporter.*fn3 Davis, finding the two adults at
home
when she arrived for her investigation, explained the purpose
of her visit and was allowed into the home in order to discuss
the allegations.*fn4 Davis interviewed the mother and
stepfather at home and indicated that an interview with the
children would be necessary.
The two adult plaintiffs then accompanied Davis to the
children's school. At school, the H. children were called into
a room near the principal's office. After asking their
stepfather, but not their mother, to leave the room, Davis
questioned the children about facts pertinent to the
allegations. The children indicated that they were only
spanked infrequently by their mother, bathed daily and had
adequate food. At this point, Davis proceeded to conduct a
physical examination of the two children with the help of the
mother, but over the mother's objection.*fn5
Davis concluded that the report of abuse concerning the H.
children was unfounded. Accordingly, Davis, pursuant to DCFS
policy, notified the H. family of the finding and deleted all
information identifying the family from the State Central
Register.
The H. family now brings suit in this Court alleging
deprivation of their constitutional rights under the fourth,
fifth, ninth and fourteenth amendments.*fn6 Plaintiffs claim
that defendants, by searching their home and their children,
violated plaintiffs' right to be free from unwarranted state
intrusion into their family privacy and their right to be free
from an unreasonable or warrantless search of their home and
children. To this end they have named as defendants: the
Director of DCFS, Gregory Coler; the Administrator, Child
Protective Services of DCFS, William Ryan; the caseworker of
DCFS, Pamela Davis; the Cook County Administrator, Child
Protective Services Unit, James Winter; and the Supervisor of
the Chicago Training Center of DCFS, Bruce Woll; in their
official and unofficial capacities (hereafter collectively
referred to as "the State defendants"). Plaintiffs seek
injunctive relief against the State defendants which would
prohibit future enforcement of DCFS' policy of searching homes
and children in suspected child abuse cases without warrants.
Plaintiffs also seek actual and punitive damages for the
emotional harm they have suffered. Finally, the H. family
alleges that DCFS violated their right to family privacy by
not investigating the complaint of the mandated reporter to
determine if it was made in good faith.*fn7
II. OVERVIEW OF DCFS PROCEDURE
The Abused and Neglected Child Reporting Act, Ill.Rev.Stat.,
Ch. 23, Sec. 2051, et seq. (1975), (hereinafter "the Act")
mandates that DCFS shall, upon receiving reports of abuse,
"protect the best interest of the child, offer protective
services in order to prevent any further harm to the child and
to other children in the family, stabilize the home environment
and preserve family life wherever possible." Ill.Rev.Stat., ch.
23, § 2052. The Act authorizes DCFS to conduct child protective
investigations to accomplish these goals. DCFS, under the
direction of Gregory L. Coler, developed the Child Abuse and
Neglect Investigations Decisions Handbook in July of 1982
(hereinafter "Decisions Handbook") which delineates guidelines
for all of the steps involved in investigating a report of
abuse or neglect.
Initially, DCFS may receive an allegation of abuse or
neglect over its 24-hour-a-day, 365-day-a-year toll-free
reporting hotline. A call must meet several criteria, however,
before it is considered to constitute a report of abuse or
neglect:
1. The child must be less than 18 years of age;
2. The child must either have been harmed, or be
in danger of harm or of a substantial risk of
harm;
3. A specific incident or circumstances which
suggests the harm was caused by child abuse or
neglect has been identified;
4. A parent or caretaker must be the alleged
perpetrator of neglect;
5. A parent or other caretaker, an adult family
member, an adult individual residing in the same
home as the child, or the parent's paramour must
be the alleged perpetrator of abuse.
DCFS Procedures Part 302.5(b) at pp. 10-11.
The Act denominates several groups of professionals as
mandated reporters. Ill. Rev.Stat. ch. 23, § 2054. Mandated
reporters include social service, school, law enforcement and
medical personnel. They are required to immediately report to
DCFS any child they have reasonable cause to believe is an
abused or neglected child. Any person who "knowingly transmits
a false report" to the hotline may be criminally charged with
disorderly conduct. Ill. Rev.Stat., ch. 23, § 2054.
An investigative visit with an alleged child abuse victim
and the family must begin within 24 hours of the report or, in
the case of an emergency, the investigation must begin
immediately. DCFS Procedures §§ 302.5(g)(1) and 302.5(g)(2),
pp. 23-24. The caseworker is instructed to introduce him or
herself to the caretaker*fn8 as a representative of DCFS,
explain the purpose of the visit, and inform the caretaker of
the receipt of a neglect or abuse report. Decisions Handbook,
pp. 44-45. The procedure to be followed in the event that the
caseworker is denied access to the child is as follows: